Extra Power Ltd. desires to appoint an additional director on its Board of directors. The Articles of Association of the company confer upon the Board to exercise the power to appoint such a director. As such Mohan is ap

Section 161(1) of the Companies Act, 2013, provides that the Articles of Association of a company may confer on its Board of directors the power to appoint any person, other than a person who fails to get appointed as a director in a General Meeting, as an additional director at any time. Person who is appointed as an additional director shall hold office up to the date of the next Annual General Meeting or the last date on which the Annual General Meeting should have been held, whichever is earlier. In case of default in holding Annual General Meeting, the additional director shall vacate his office on the last day on which the Annual General Meeting ought to be held. Further, as per section 96, the company is required to hold an Annual General Meeting (other than First AGM) within a period of 6 months of closure of the relevant financial year. As per section 2(41), "financial year" in relation to any company means period ending on 31st March every year. In the given case, since the Annual General Meeting was adjourned to and held on 30th September, 2021, Mohan can continue up to 30th September, 2021.